S [Report No ] To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services.

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1 II TH CONGRESS 1ST SESSION S. Calendar No. [Report No. ] To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services. IN THE SENATE OF THE UNITED STATES MAY 1, 00 Mr. NELSON of Florida (for himself, Mr. BURNS, Mrs. CLINTON, Ms. SNOWE, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 0, 00 Reported by Mr. STEVENS, with an amendment in the nature of a substitute [Strike out all after the enacting clause and insert the part printed in italic] A BILL To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the IP-Enabled Voice Communications and Public Safety Act of 00.

2 SEC.. EMERGENCY SERVICE. (a) and E Services. Notwithstanding section (b) or any other provision of the Communications Act of 1, the Commission shall prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service to ensure that and E services are available to customers to IP-enabled voice service. Such regulations shall include an appropriate transition period by which to comply with such requirements or obligations and take into consideration available industry technological and operational standards, including network security. (b) NON-DISCRIMINATORY ACCESS TO CAPABILI- TIES. Each entity with ownership or control of the necessary emergency services infrastructure shall provide any requesting IP-enabled voice service provider with nondiscriminatory access to their equipment, network, databases, interfaces and any other related capabilities necessary for the delivery and completion of and E calls and information related to such or E calls. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations. Such entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms and conditions. The telecommunications carrier or other entity S RS

3 shall provide such access to the infrastructure on a standalone basis. (c) STATE AUTHORITY. Nothing in this Act, the Communications Act of 1, or any Commission regulation or order shall prevent the imposition on or collection from a provider of voice services, including IP-enabled voice services, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and non-discriminatory basis for the support of and E services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of and E services or enhancements of such services. (d) STANDARD. The Commission may establish regulations imposing requirements or obligations on providers of voice services, entities with ownership or control of emergency services infrastructure under subsections (a) and (b) only to the extent that the Commission determines such regulations are technologically and operationally feasible. (e) CUSTOMER NOTICE. Prior to the compliance with the rules as required by subsection (a), a provider of an IP-enabled voice service that is not capable of providing and E services shall provide a clear and S RS

4 conspicuous notice of the unavailability of such services to each customer at the time of entering into a contract for such service with that customer. (f) VOICE SERVICE PROVIDER RESPONSIBILITY. An IP-enabled voice service provider shall have the sole responsibility for the proper design, operation, and function of the and E access capabilities offered to the provider s customers. (g) PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE. (1) PROVIDER PARITY. If a provider of an IPenabled voice service offers or E services in compliance with the rules required by subsection (a), that provider, its officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any local exchange company, and its officers directors, employees, vendors, or agents, have under the applicable Federal and State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise), including in connection with an act or omission involving the release of subscriber information related to the emergency calls or emer- S RS

5 gency services to a public safety answering point, emergency medical service provider, or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility. () USER PARITY. A person using an IP-enabled voice service that offers or E services pursuant to this subsection shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using or E service that is not provided through an IP-enabled voice service. () PSAP PARITY. In matters related to IPenabled and E communications, a PSAP, and its employees, vendors, agents, and authorizing government entity (if any) shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law accorded to such PSAP, employees, vendors, agents, and authorizing government entity, respective, in matters related to or E communica- S RS

6 tions that are not provided via an IP-enabled voice service. (h) DELEGATION PERMITTED. The Commission may, in the regulations prescribed under this section, provide for the delegation to State commissions of authority to implement and enforce the requirements of this section and the regulations thereunder. SEC.. MIGRATION TO IP ENABLED EMERGENCY NET- WORK. Section 1 of the National Telecommunications and Information Administration Organization Act (as added by section of the ENHANCE Act of 00) is amended (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and () by inserting after subsection (c) the following: (d) MIGRATION PLAN REQUIRED. (1) NATIONAL PLAN REQUIRED. No more than 1 months after the date of the enactment of the ENHANCE Act of 00, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications. S RS

7 () CONTENTS OF PLAN. The plan required by paragraph (1) shall (A) outline the potential benefits of such a migration; (B) identify barriers that must be overcome and funding mechanisms to address those barriers; (C) include a proposed timetable, an outline of costs and potential savings; (D) provide specific legislative language, if necessary, for achieving the plan; and (E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network. () CONSULTATION. In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.. SEC.. DEFINITIONS. (a) IN GENERAL. For purposes of this Act: (1) AND E SERVICES. (A). The term means a service that allows a user, by dialing the three-digit S RS

8 code, to call a public safety answering point operated by a State, local government, Indian tribe, or authorized entity. (B) E. The term E service means a service that automatically delivers the call to the appropriate public safety answering point, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the public safety answering point to call the user back if the call is disconnected. () IP-ENABLED VOICE SERVICE. The term IP-enabled voice service means an IP-enabled service used for real-time -way or multidirectional voice communications offered to a customer that (A) uses North American Numbering Plan administered telephone numbers, or successor protocol; and (B) has two-way interconnection or otherwise exchange traffic with the public switched telephone network. () CUSTOMER. The term customer includes a consumer of goods or services whether for a fee, S RS

9 in exchange for an explicit benefit, or provided for free. () IP-ENABLED SERVICE. The term IP-enabled service means the use of software, hardware, or network equipment that enable an end user to send or receive a communication over the public Internet or a private network utilizing Internet protocol, or any successor protocol, in whole or part, to connect users (A) regardless of whether the communication is voice, data, video, or other form; and (B) notwithstanding (i) the underlying transmission technology used to transmit the communications; (ii) whether the packetizing and depacketizing of the communications occurs at the customer premise or network level; or (iii) the software, hardware, or network equipment used to connect users. () PUBLIC SWITCHED TELEPHONE NET- WORK. The term public switched telephone network means any switched common carrier service S RS

10 that is interconnected with the traditional local exchange or interexchange switched network. () PSAP. The term public safety answering point or PSAP means a facility that has been designated to receive calls. (b) COMMON TERMINOLOGY. Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section of the Communications Act of 1. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE. This Act may be cited as the IP- Enabled Voice Communications and Public Safety Act of 00. (b) TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec.. Emergency service. Sec.. Enforcement. Sec.. Migration to IP-enabled emergency network. Sec.. Definitions SEC.. EMERGENCY SERVICE. (a) AND E SERVICES. (1) IN GENERAL. The Federal Communications Commission shall review the requirements established in its Report and Order in WC Docket Nos. 0 and 0 1 and shall, within days after the date of enactment of this Act, revise its regulations as may be necessary, or promulgate such additional regula- S RS

11 tions as may be necessary, to establish requirements that are technologically and operationally feasible for providers of IP-enabled voice service to ensure that and E services are available to subscribers to IP-enabled voice services. () CONTENT. In the regulations prescribed under paragraph (1), the Commission shall include an appropriate transition period for compliance with those requirements that takes into consideration (A) available industry technology and operational standards; (B) network security; and (C) public safety answering point capabilities. () DELEGATION OF ENFORCEMENT TO STATE COMMISSIONS. The Commission may delegate authority to enforce the rules and regulations issued under this Act to State commissions or other State agencies or programs with jurisdiction over emergency communications. () EFFECTIVE DATE. The regulations prescribed under paragraph (1) may not take effect earlier than 0 days after the date on which the Commission issues a final rule under that paragraph. S RS

12 (b) ACCESS TO COMPONENTS. Within 0 days after the date of enactment of this Act, the Commission shall issue regulations regarding access by IP-enabled voice service providers to components that permit any IP-enabled voice service provider to elect to be treated as a commercial mobile service provider for the purpose of access to any component, except that the regulations issued under this subsection may take into account any technical or network security issues that are specific to IP-enabled voice services. (c) STATE AUTHORITY OVER FEES. Nothing in this Act, the Communications Act of 1, or any Commission regulation or order shall prevent the imposition on, or collection from, a provider of IP-enabled voice services of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of or E services if that fee or charge (1) does not exceed the amount of any such fee or charge imposed on or collected from a provider of telecommunications services; and () is obligated or expended in support of and E services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge. S RS

13 (d) GRANDFATHERING OF CURRENT IP-ENABLED VOICE SERVICE SUBSCRIBERS. (1) IN GENERAL. A provider of IP-enabled voice service may continue to provide service to each subscriber who subscribed to that service as of December 1, 00, to whom notice has been given in accordance with the requirements of the Commission s Report and Order in WC Docket Nos. 0 and 0 1 if (A) the provider has received an acknowledgement in writing or by electronic means by the subscriber of receipt of the notice; or (B) the provider continues to give clear and conspicuous notice of the unavailability of or E service, or either service, in billing statements or their equivalent sent to the subscriber. () CONTINUED SERVICE. The Commission may not require a provider of IP-enabled voice service to terminate service to a subscriber described in paragraph (1) as long as the provider is in compliance with the requirements of that paragraph and the regulations prescribed under this subsection. () REPORTING REQUIREMENT. A provider of IP-enabled voice service that continues to provide service under paragraphs (1) and () shall file a re- S RS

14 port with the Commission every months detailing its efforts to identify and implement a or E solution or both. () COMPLIANCE WITH REGARD TO NEW SUB- SCRIBERS. Nothing in this subsection shall be construed to authorize a provider of IP-enabled voice service to add subscribers to such service after December 1, 00, if the provider is not in compliance with the Commission s and E regulations for IP-enabled voice service providers. (e) TECHNICAL AND OPERATIONAL FEASIBILITY. (1) SPECIAL WAIVERS. The Commission shall waive the and E requirements contained in the Commission s Report and Order in WC Docket Nos. 0 and 0 1, together with any regulations promulgated under subsection (a), for a provider of IP-enabled voice service if (A) the provider gives a separate, clear, and conspicuous notice to its subscribers that it does not offer service, E service, or either service, as the case may be, to its IP-enabled voice service subscribers; (B) the subscriber separately acknowledges receipt of that notice in writing or by electronic means; and S RS

15 (C) the provider demonstrates that it is not technically or operationally feasible for its IPenabled voice service to comply with those and E requirements, which may include technical and operational feasibility relative to its portable or nomadic IP-enabled voice service. () PRESUMPTION. A provider of IP-enabled voice service shall be presumed to have complied with the requirements of subparagraphs (A) and (B) of paragraph (1) with respect to subscribers whose subscriptions commenced before the date of enactment of this Act if the provider has met the subscriber acknowledgement requirements in the Commission s Report and Order in WC Docket Nos. 0 and 0 1 with respect to 0 percent of those subscribers. () TERM OF WAIVER. The Commission may not grant a waiver under paragraph (1) for a period of more than 1 months at a time. () GEOGRAPHIC LIMITATION. The Commission may limit any waiver issued under paragraph (1) by geographic area if the Commission finds such a limitation is in the public interest. () -DAY RULE. The Commission shall grant or deny a waiver under paragraph (1) within days after it receives a complete waiver request from S RS

16 a provider of IP-enabled voice service. If the Commission fails to act within days then the waiver shall be deemed granted. () SUNSET OF WAIVER AUTHORITY. The Commission may not grant a waiver under paragraph (1) more than months after the date of enactment of this Act. (f) PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE. A provider or user of IP-enabled voice services, a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or PSAP, shall have the same scope and extent of immunity and other protection from liability under Federal and State law with respect to (1) the release of subscriber information related to emergency calls or emergency services, () the use or provision of and E services, and () other matters related to and E services, as section of the Wireless Communications and Public Safety Act of 1 ( U.S.C. 1a) provides to wireless carriers, PSAPs, and users of wireless 1 1 service (as defined in paragraphs (), (), and (), respectively, of section S RS

17 of that Act ( U.S.C. 1b)) with respect to such release, use, and other matters. (g) LIMITATION ON COMMISSION. Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. SEC.. ENFORCEMENT. The Commission shall enforce this Act, and any regulation promulgated under this Act, under the Communications Act of 1 ( U.S.C. et seq.) as if this Act were a part of that Act. For purposes of this section any violation of this Act, or any regulation promulgated under this Act, is deemed to be a violation of the Communications Act of 1. SEC.. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. (a) IN GENERAL. Section 1 of the National Telecommunications and Information Administration Organization Act ( U.S.C. ) is amended (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; () by inserting after subsection (c) the following: (d) MIGRATION PLAN REQUIRED. (1) NATIONAL PLAN REQUIRED. No more than 1 months after the date of the enactment of the IP- S RS

18 Enabled Voice Communications and Public Safety Act of 00, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications. () CONTENTS OF PLAN. The plan required by paragraph (1) shall (A) outline the potential benefits of such a migration; (B) identify barriers that must be overcome and funding mechanisms to address those barriers; (C) include a proposed timetable, an outline of costs and potential savings; (D) provide specific legislative language, if necessary, for achieving the plan; (E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; and (F) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of S RS

19 enactment of the IP-Enabled Voice Communications and Public Safety Act of 00. () CONSULTATION. In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate. ; and () by striking services. in subsection (b)(1) and inserting services, and, upon completion of development of the national plan for migrating to a national IP-enabled emergency network under subsection (d), for migration to an IP-enabled emergency network.. (b) REPORT ON PSAPS. (1) IN GENERAL. Not later than 10 days after the date of enactment of this Act, the Commission shall (A) compile a list of all known public safety answering points, including such contact information regarding public safety answering points as the Commission determines appropriate; (B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and (C) make available from such list S RS

20 (i) to the public, on the Internet website of the Commission (I) the digit telephone number of those public safety answering points appearing on such list; and (II) a statement explicitly warning the public that such telephone numbers are not intended for emergency purposes and as such may not be answered at all times; and (ii) to public safety answering points all contact information compiled by the Commission. () CONTINUING DUTY. The Commission shall continue (A) to update the list made available to the public described in paragraph (1)(C); and (B) to improve for the benefit of the public the accessibility, use, and organization of such list. () PSAPS REQUIRED TO COMPLY. Each public safety answering point shall provide all requested contact information to the Commission as requested. (c) REPORT ON SELECTIVE ROUTERS. S RS

21 (1) IN GENERAL. Not later than 10 days after the date of enactment of this Act, the Commission shall (A) compile a list of selective routers, including the contact information of the owners of such routers; (B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and (C) make such list available to providers of telecommunications service and to providers of IP-enabled voice service who are seeking to provide E service to their subscribers. SEC.. DEFINITIONS. (a) IN GENERAL. For purposes of this Act: (1). The term means a service that allows a user, by dialing the three-digit code, to call a public safety answering point operated by a State, local government, Indian tribe, or authorized entity. () COMPONENT. The term component means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, or other related facility necessary S RS

22 for the delivery and completion of or E calls and information related to such calls to which the Commission requires access pursuant to its rules and regulations. () E SERVICE. The term E service means a service that automatically delivers the call to the appropriate public safety answering point, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the public safety answering point to call the user back if the call is disconnected. () IP-ENABLED VOICE SERVICE. The term IPenabled voice service means the provision of realtime -way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with -way interconnection capability such that the service can originate traffic to, and terminate traffic from, the public switched telephone network. S RS

23 () PSAP. The term public safety answering point or PSAP means a facility that has been designated to receive or E calls. (b) COMMON TERMINOLOGY. Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section of the Communications Act of 1. S RS

24 Calendar No. TH CONGRESS 1ST SESSION S. [Report No. ] A BILL To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services. DECEMBER 0, 00 Reported with an amendment in the nature of a substitute